B VOLUME 12 · ISSUE 2 · 2004 R I T I S H A S S O C I A T I O N F O R Sport and the Law S P O R T A N D L Registered Office: A W c/o Pridie Brewster L I 1st Floor · 29-39 London Road M I T Journal Twickenham · Middlesex · TW1 3SZ E D Telephone: 020 8892 3100 Facsimile: 020 8892 7604 S P O R T A N D L A W J O U R N A m L V O L U M E h 1 2 · 4 I S S } U E : 2 T t 2 0 0 7 4 q &v?$ OLns Registered Office: c/o Pridie Brewster 1st Floor · 29-39 London Road Twickenham · Middlesex · TW1 3SZ Telephone: 020 8892 3100 Facsimile: 020 8892 7604 www.basl.org Postgraduate Certificate Editor Simon Gardiner in Sports Law Directors Maurice Watkins: President The School of Law at King’s College London · issues for individual athletes: doping, Murray Rosen QC: Chairman offers a one-year, part-time postgraduate discipline, player contracts, endorsement Mel Goldberg: Deputy Chairman course in sports law, leading to a College contracts, civil and criminal liability for Gerry Boon: Hon. Treasurer Postgraduate Certificate in Sports Law. sports injuries; Karena Vleck: Hon. Secretary The course is led by programme director · EC law and sport: competition law, freedom Darren Bailey Jonathan Taylor, partner and head of the Sports of movement; and Nick Bitel Law Group at Hammonds, who teaches the Walter Cairns course along with other leading sports law · comparative sports law: the North American Edward Grayson practitioners including Adam Lewis, Nick Bitel, Model of Sport. Paul Harris Alasdair Bell, Justin Walkey and Mel Stein, as Tim Kerr QC well as sports law academics such as Simon The course is taught in weekly evening classes Peter McInerney Walter Nicholls Gardiner, Gary Roberts and Richard McLaren. from October to March and is open to both Fraser Reid law graduates and non-law graduates. Sam Rush The course covers the range of key sports law For further details, visit the KCL sports law Kuldip Singh QC issues: website at www.kclsportslaw.co.uk. Jonathan Taylor · constitutional issues: self-regulation by sports Richard Verow governing bodies/the European Model of For a full prospectus and application form, Sport; judicial control of sports bodies; contact: Annette Lee, School of Law, King’s College London, Strand, London WC2R 2LS 0161 236 8288 · commercial issues: broadcasting, sponsorship, Tel: 020 7848 2849 · Fax: 020 7848 2912 IP rights, ambush marketing; E-mail: [email protected] Final Film CPD credits available; equality of opportunity is College policy. Registered in England. Company No. 4947540. Registered Office: 29-39 London Road, ISSN 1353-0127 Twickenham, Middlesex TW1 3SZ. VAT Reg No. 673 5989 73 Graphic Design VOLUME 12 · ISSUE 2 · 2004 Sport and the Law Journal } 4 OLTnqs Volume 12 Issue 2 Sport and the Law Journal Contents Editorial Editorial 2 Inhaled Beta Agonists: 4 Ergogenic, dangerous and By Simon Gardiner against the spirit of sport: Editor Fact or fallacy? Dr Bruce Hamilton am very pleased to have accepted the offer of the Anti-doping policy after The 12 Editorship of the Sport and the Law Journal. Over the Human Rights Act: Is mandatory Ilast twelve years it has grown into a highly respected blood testing compatible with Journal in the emerging discipline of Sports Law. An Article 8 of the ECHR? enormous debt of gratitude is owed to Ray Farrell in his Wendy Hiscox role as editor over this period. During 2004 thanks also should be given to a number of BASL Board members Should major league baseball 18 including Murray Rosen and Jonathan Taylor in helping adopt the WADA world the publications of the last two editions. anti-doping code to regulate the But now is a time for evaluation of the future direction use of anabolic steroids? of the Journal. One major development planned is a web- Leslie A. Ross based presence for the Journal – more about this in the future. A short questionnaire is included with this issue Football disciplinary codes 28 to help evaluate both the Journal’s future form and – The triumph of expediency content. Your feedback will be greatly appreciated in over justice helping guide the Journal’s future direction. Mel Goldberg and Simon Pentol This edition of the Journal features three papers written as part of the final assessment of the KCL Community Amateur 32 Postgraduate Certificate in Sports Law run by BASL Sports Clubs – Important Board member Jonathan Taylor at King’s College Tax Incentives! London. They have a common focus on the issues of Richard Baldwin anti-doping in sport. The WADA Code, with its dual aims of harmonisation of the anti-doping procedures Football’s finances – never 36 across sports and universality of application to all sport far from the headlines around the world, has been in operation for some time. Dan Jones and Gerry Boon Two of the articles evaluate specific issues concerning WADA from an illuminating medico-legal perspective. Dr Sports Law Current Survey 44 Bruce Hamilton’s article entitled, ‘Inhaled Beta Agonists: Walter Cairns Ergogenic, Dangerous and Against the Spirit of Sport: Fact or Fallacy?’ examines the problem with drugs that Sport and the Law Journal 98 are used for the treatment of complaints such as Reports 2004 asthma and the application of the Therapeutic Use Exemption under WADA. Dr Wendy Hiscox’s article BASL Accounts: For the year 112 entitled, ‘Anti-Doping Policy after the Human Rights Act: ended 31 December 2003 Is Mandatory Blood Testing Compatible with Article 8 of the ECHR?’ revisits the debate concerning drug testing and the invasion of individuals’ privacy. Lastly, Leslie Ross’s article entitled, ‘Should Major League Baseball adopt The Wada World Anti-Doping Code to Regulate the Use of Anabolic Steroids’, evaluates the resistance being shown by some sports, specifically the main north American professional leagues, to being subject to WADA. The Journal welcomes papers from post-graduate students (and indeed outstanding papers from under- 2 Sport and the Law Journal Volume 12 Issue 2 graduate students) studying either on taught or research- based Sports Law related degrees. A further three papers from the KCL course will appear in the next edition. Further information about the KCL course can be found at www.kclsportslaw.co.uk or upon request by e-mail to [email protected]. In addition, Mel Goldberg & Simon Pentol’s article entitled, ‘Football Disciplinary Codes – The Triumph of Expediency over Justice’, examines the opportunities for challenging internal procedures in football. Richard Baldwin’s article entitled ‘Community Amateur Sports Clubs – Important Tax Incentives!’ promotes the taxation changes that will financially benefit small sports Left to right: Kuldip Singh QC - Board member, Ray Farrell - Former clubs, and his colleagues from Deloitte including Gerry Secretary, Maurice Watkins - President & Paul Harris - Board Boon and Dan Jones, provide some highlights of the member at Stock Restaurant, Manchester on 3rd November after ‘Deloitte Annual Review of Football Finances’ (now in presenting Ray Farrell with a token of the Association’s appreciation for his long and dedicated service as Secretary, and also as Editor of its 13th year!). The regular contributions of the Sports the Journal, from the Formation of the Association until his Law Current Survey and Sport and the Law Journal resignation earlier this year. Reports can also be found. Finally for the first time, the Annual Accounts of the Association up to December 2003 are published in the Journal. The Association’s Annual Conference took place at I look forward to hearing your responses on the Lord’s Cricket Ground on the 20th October. future development of the Sport and the Law journal. Congratulations to those involved in the organisation of what was again an informative and stimulating event. signature to The Sports Law world in the UK has developed go in significantly over the last twelve years. A growing body of literature has appeared in terms of books, both targeting the practice and academic analysis of Sports Law. A number of journals including this one, present Simon Gardiner topical and important debate on the incredibly wide Associate Professor in Sports Law range of issues that are to be found in this discipline. Griffith University Indeed there are many intellectually rigorous, complex Email: [email protected] and contested issues that constantly emerge. The Simon Gardiner is Associate Professor in Sports Law at the Griffith University Law different perspectives on WADA highlighted by the School located on the Gold Coast, Australia and member of the teaching faculty for the articles in this edition prove this point. There continues University’s LLM/MA International Sports Law. He is also Senior Research Fellow at the Asser International Sports Law Center, TMC Asser Institute in The Hague. He is however to be considerable division within the sports world as to primarily based in the UK and assists the organisation of the KCL PG Certificate Course. He has been involved in funded research projects and consultancy for a range of sports whether the approach of WADA is the best way to bodies and has worked with the European Union in terms of anti-doping provisions and the regulation of football hooliganism and the Council of Europe in the area of Conflict engage with the reality of drug use in sport. Dispute in Sport. He has been an active researcher in the area for over ten years and The role of the Sport and the Law Journal is to has an international reputation.